Data Protection Commissioners manipulation:

Further covering-up for Tallaght Hospital by Ms H. Dixon. Evidence manipulated.

After over 4 years - No action to be taken - it's all a big mistake.

[My previous articles set out the details] The illegally released file contains hospital falsifications painting me as a time wasting patient who missed appointments who also refused treatment and those falsifications contradict original hospital documents. The falsifications passed the blame from the hospital on to me for my crippled state.

Now Ms Dixon's written statutory decision, although ruling in my favour, is nothing more than a propaganda document covering up the deliberate nature of the hospital's and in particular Ms E. Hardiman's law breaking, so as to not prosecute.

Ms Dixon's U-turn:

While this statutory decision records in different parts that my complaint had been made to the Data Protection Commissioner [D.P.C.] on 7th Dec 2012 and that D.P.C. investigation started on 23rd Sept 2016 there's no mention that this gap of nearly 4 years was caused by D.P.C. refusing my complaint insisting that the hospital had done no wrong in releasing my medical records, against my wishes, to outside third parties.

The rewriting of history:

The hospital has two sets of records - the earlier set supports my claims and puts the blame on to them. The second later set contradicts their early records and passes the blame on to me. Now the hospital avails themselves of Ms Dixon's statutory decision to further rewrite history to put themselves further in the clear.

Ms Dixon records that in December 2016 she outlined the preliminary findings of her investigation to me. All she told me was that the hospital had violated data law, there was absolutely nothing regarding the 'propaganda' below, so I had no opportunity to highlight the falsehoods as I've done here in this article - but from correspondence she must have been aware of them when making her decision.

All these 'facts' Ms Dixon records in her statutory decision make it out to be all a big mistake on the part of the hospital and Ms Hardiman. Everything was done for the best of intentions - so no prosecutions. But it's all based on these proven [by documentation] falsehoods etc. All a big mistake, while I'm left crippled for life and no action to be taken.

As I write this article I've been completely housebound for over a month and usually in considerable pain, yet the only actions I see are to cover-up.

Also refer to my article "A corrupt Data Protection Commissioner in Tallaght Hospital's pocket." which this reinforces.

During 2012 and in order not to answer my complaints and not to deal with me Tallaght Hospital, specifically the then CEO Ms E. Hardiman, deliberately broke the law and sent, against my wishes, my medical records to outside 3rd parties for 'review'.

Right up to present the hospital, specifically their present CEO Mr Slevin, refuse to answer my complaints on the grounds that an outside 3rd party is undertaking a full review based on the illegal release [unfair processing] of my medical records etc - Ms H. Dixon [D.P.C.] is aware of this and in fact refused my request that my illegally released records be returned to me by the 3rd parties.

For years the hospital and Ms Dixon have been fully aware that the law had been deliberately broken but Ms Dixon has and continues to abuse her authority to protect Ms Hardiman, Tallaght Hospital and staff.

Having refused to accept my complaint [made 2012] for 4 years with the ludicrous grounds that the hospital and Ms Hardiman had every right to pass my medical records etc to outside 3rd parties against my wishes and this had not violated the data laws - while the hospital and D.P.C. had agreed privately in 2012 that the hospital had broken the law.

[I wrote, for example, to D.P.C. in 2012 & 2013 regarding this but was totally ignored. Ignoring reasonable but awkward correspondence seems to be policy],

Ms Dixon, having been caught out did a U-turn, investigated my complaint and issued a statutory decision in March 2017.

Ms Dixon ruled that the hospital [Ms Hardiman] had broken the law as they had "no legal basis for disclosing your sensitive personal information" etc.

Despite this and having been given the proof that Ms Hardiman deliberately broke the law and the hospital was profiting [and still are] from the illegal acts [there can be no 'review' based on illegal acts] my request for prosecution was refused by default. Ms Dixon had at first denied she had the power to prosecute but under my pressure admitted she had.

Ms Dixon's statutory decision [she has refused any discussion]:

# She highlights my refusal of the hospitals apology - but says nothing about their refusal to rectify and answer my complaints or them still standing by their claim that there's an ongoing 'review' [based on the illegally released records] as a reason.

# She highlights the hospitals claim to have spent 2 years trying to resolve my complaint - but says nothing regarding them refusing to answer my complaints, both the 5 year old ones and more recent ones. Refusals based on the illegal release of my file.

# She says nothing and does nothing regarding the hospital continually profiting from their deliberate violation of the Data Protection Act.

Hiding the proof of Ms Hardiman's deliberate law breaking:

# Ms Dixon, while ignoring my request to prosecute and while acknowledging my claim that the violations of the Data Protection Act were deliberate [as opposed to the hospital's claim it was all a mistake], failed to record Ms Hardiman's two written requests to me for my explicit permission to release my records to outside 3rd parties for review [proving the deliberate nature of Ms Hardiman's actions].

This is very telling in the light of Ms Dixon being aware that the hospital's Ms Hardiman deliberately broke the law in releasing my medical records in order to disseminate proven false documents, and -

Non- existent 'notifications':

# Ms Dixon cites, more than once, that the hospital had written to me twice advising me that they would now be referring matters to outside 3rd parties for review. That's false - these notifications don't exist and I have asked Ms Dixon to produce these documents or to explain. So again we have documentation 'invented' to suit purpose - just like the Medical Council, who were forced to admit this via the Information Commissioner's legally binding statutory decision.

False claim that I never objected to my records being sent to outside 3rd parties:

# Ms Dixon records that I never objected to the hospital's [Ms Hardiman's] suggestion that they send my records to outside 3rd parties for review. That's false - as Ms E. Hardiman [then Tallaght Hospital CEO] personally wrote to me twice specifically requesting my permission to release my records and stating that once I'd given my consent she would recommend an outside 3rd party review of said records. Twice I wrote to Ms Hardiman declining to give my permission.

Ms Dixon fully accepts this falsehood to exonerate the hospital and Ms Hardiman of any deliberate intent.

I have asked Ms Dixon to inform me what she intends to do about these most serious matters and what rectification is to be offered to me.

Crippled for life due to negligence and falsification justified:

# Ms Dixon records that the hospital had released my confidential records to outside 3rd parties in order to care for my health and for openness and transparency.

# openness and transparency - D.P.C. is fully aware that Tallaght Hospital refused to give me a copy of the file they illegally released but lets the hospital's falsehood go as it paints them in a 'good' light.

# health - the hospital attempts to justify [illegally] releasing my file by saying, as recorded by Ms Dixon, it was their responsibility as a hospital to provide as far as possible for my health, happiness and welfare as a patient.

Yet they have left me crippled for life, falsified documentation [contradicting other hospital records] refused to answer my complaints and ignored my letters etc.

Ms Dixon is aware that the deliberate violations of the Data Protection Act was used to disseminate falsifications to 3rd parties For example, some of which helped Dr J. Noel deny the truth of his own letter and contradict what he had told my G.P. to cover-up for negligence that left me, a patient, crippled for life.

Looking at my longstanding and ongoing situation it's easy to see why our health service is so bad and getting worse - patients have no protection as hospitals and their staff etc are unaccountable, even to the extent that they can break the law and be covered-up for.

My complaints, original and others, remain unanswered - proving that Tallaght Hospital, their staff etc are unaccountable.

I'm left crippled for life, virtually housebound and in constant pain and all Ms Dixon can think of is to cover-up for the hospital, their staff and Ms E. Hardiman in particular.

I have offered Ms Dixon the opportunity to respond and substantiate the propaganda by sending her a link to my article.

Ms Dixon had and has the opportunity to respond, with evidence, if she believes anything I have published is incorrect or untrue.

Matters are so serious that if she does not avail of the opportunity it can only be accepted that she agrees with everything in this and other articles.

Tallaght Hospital CEO guilty of deliberately breaking the law:

Guilty - the official and legal verdict on Tallaght Hospital.

Data Protection Commissioner delivers her verdict 4 years after I made my complaint to her.

The Data Protection Commissioner has found Tallaght Hospital guilty of breaking the law by passing on my medical records [file of over 200 documents] to 3rd parties.

The Commissioner made two rulings -

# That the hospital had passed on my records to 3rd parties without my required consent and had therefore broken data protection law;

# That the Commissioner could not see any legal basis for passing on my file to 3rd parties.

This related to the then CEO of Tallaght Hospital, Ms E. Hardiman, personally orchestrating the releasing of my medical records to 3rd parties against my wishes.

This decision comes over 4 years after I made my complaint to the Commissioner.

Now under consideration is what action is to be taken regarding this deliberate violation of data protection law.

Tallaght Hospital to be investigated:

Data Protection Commissioner orders a formal investigation into Tallaght Hospital:

Over 4 years after ruling my complaint not valid the Commissioner now admits it's valid.

Quite perversely the notification of investigation informs me that "the investigation will endeavour to establish whether any contravention of the Acts occurred."

But the Commissioner has already told Tallaght Hospital that they did contravene the acts - My article 18th Aug 2016.

However -

So after over 4 years of my Rights being clearly denied to me, a fact that could only help those who have left me crippled for life, it's decided that my complaint was indeed valid [Without apology or explanation].

It has to be questioned why it has taken over 4 years to investigate what was clearly a valid complaint and why in the interim the Commissioner has treated me with such extreme discourtesy [Without apology or explanation], such as by ignoring the majority of my Emails, including - that Tallaght Hospital's data protection officer had ignored my formal complaints.

Of course it's not just a matter of illegally releasing my documents, but using the illegal release to disseminate false documents that would help a cover-up - false by virtue that later hospital documents were produce that contradict the earlier hospital documents that supported me.

The false documents are extremely important because they pass the blame onto me [from the hospital] for my crippled state.

Also my documents were accessed and released not by a doctor or for my treatment but by lay person[s] and that was personally instigated by Ms E. Hardiman.

The investigation must be wide ranging and cover the interval between my first complaint and the belated investigation - including all correspondence to Commissioner and that includes my complaint made 2 years ago regarding the illegal release of my medical records [proven to be falsified], a complaint that the Commissioner just ignored in order not to deal with it and that could only aid Tallaght Hospital's cover-up.

# I wrote directly to the Commissioner, Ms H. Dixon, regarding these two complaints but she completely ignored me.

Certain matters have already been settled [as shown in my previous articles] -

# Tallaght Hospital and in particular Ms E. Hardiman deliberately violated the Data Protection Act - as they were told by Commissioners in private conversations.

# Tallaght Hospital and in particular Ms E. Hardiman knew full well they needed my express permission and knew they did not have it.

# That my complaint made, over 4 years ago, to the Commissioner was in fact clearly valid.

# I have provided Mr John S. Keyes, Assistant Commissioner, the investigating officer, with a link to this article so that it will be taken into consideration.

Crumlin Children's Hospital - a very serious danger within:

Crumlin Children's Hospital - a very serious danger within:

Dr Jacques Noel. [MCRN 14671] Lazy - negligent - criminal and falsifying medical records etc:

# Because of Dr Noel's laziness I'm left crippled for life, in constant pain and virtually housebound after being diagnosed with degenerative spinal disease - due to my seriously degenerating mobility there is talk that I should consider a wheelchair as an aid. This is totally unacceptable as it would mean me losing my home.

Dr Noel will go into denial and falsify and fabricate etc to save his own skin at the life changing expense of a vulnerable patient, in my case, a pensioner with a medical card and, no matter that the official records support my claims, he will be protected and can rely on, successfully so far, colleagues and authorities to cover-up for him, even when it's criminal - meaning that those turning a blind eye are approving of such conduct and will do so in the future.

It's not just discreditable people like Dr J. Noel who destroy our health service and put patients in danger, but also the people / establishments who cover-up for them and employ them.

This doctor, who I saw at Tallaght Hospital, is a consultant at Crumlin Children's Hospital and is a real and serious danger to patients.

The evidence that completely supports my allegations is impeccable 'best evidence' as it's their own documentation - Tallaght Hospital, Dr J. Noel.

[1] Medical records etc - lazy and criminal:

Documentation proves that Dr Noel knew for nearly a year that I'd not received urgently required treatment yet he did not bother to do anything to rectify, he was just too lazy. He was so lazy he did not even bother to make use of, for example, a secretary to rectify. That's criminal negligence.

I did inform the hospital's CEO Ms Hardiman regarding this but she ignored me.

Dr Noel resorted to falsification on more than one occasion to cover himself.

Their original documentation supports my version of events - later they started to 'produce' documentation not only contradicting my version but contradicting their own original documents.

An address at the top of one of the falsifications reads -

"Our Lady's Children's Hospital, Crumlin, Dublin 12. 01-4096100"

At my only consultation with Dr J. Noel he offered me treatment ASAP depending on when a bed became available - he confirmed this to my G.P. and confirmed it in his letter written at the consultation and the hospital records show that on the day of the consultation he sent an internal request that I be booked in ASAP for treatment - documentation shows that the bookings were never made.

Later he contradicted this by falsifying records, including medical records to claim that he had offered me immediate treatment and that I refused treatment.

If I had refused treatment I would be completely responsible for my current crippled state but the problem for the establishment is that I obtained their records which clearly show them changing their 'story' so as to pass the blame onto me.

Dr Noel also claimed to have told my G.P. that he had offered me immediate treatment and that I refused. My G.P. rejects this confirming all she was told by Dr Noel was that he offered me treatment ASAP depending on when a bed became available, as per his letter.

Clearly he resorted to criminal activity to try to cover-up his laziness and negligence.

3rd party proof that the Medical Council altered my complaint to cover for Dr Noel:

Dr Noel and the hospital can point to the fact that my complaint against him was dismissed by the Medical Council, something I found impossible give the documentary evidence that proved he was being untruthful.

Later from internal documents I discovered that the Medical Council had mis-described my complaint by attributing an allegation to me which I'd never made, but it effectively destroyed my complaint as such an allegation was completely false thereby clearing Dr Noel.

After a long arduous fight, during which their solicitor wrote to me insisting I'd made the allegation, a legally binding decision which only the High Court could set aside [case 120243] was made by the Freedom of Information Commissioner. In this the Medical Council were forced to acknowledge that they had incorrectly described my complaint, that I'd never made any such allegation, that evidence they had claimed they had to support their claim did not exist. In fact they never had any reason to believe I had made such an allegation.

Despite this the Medical Council stand by their decision to clear Dr Noel despite his and their falsehoods - proving beyond any doubt that their actions were deliberate.

Crumlin Children's Hospital is now fully aware of the danger they put their patients in by employing Dr Noel who is devoid of ethics and seemingly untouchable.

This was not the only proven falsification and misrepresentation that Dr Noel indulged in, for example -

[2] The phone call:

As Dr Noel had requested I made the agreed phone call to Ms Irene Fortune [main orthopaedic secretary] at Tallaght Hospital's Ormsby Ward and I taped the call. I spoke to the ward clerk who said Irene was not in that day. The clerk took my name, my phone number and Dr Jacque Noel as a further contact and would get Ms Fortune to contact me - I was never contacted and complained.

In an internal hospital letter, Dr Noel explained that Ms Fortune had not contacted me because she was on sick leave with a fractured foot.

Despite this Dr Noel was to yet again indulge in fabrication to pass the blame onto me.

He later wrote to third parties claiming I had not made the call and supported his false claim with a statement from Ms Fortune, who fully identified me and said that "I had no contact with him what so ever".

Neither Dr Noel nor Ms Fortune mentions the fact that she was to have contacted me but had not done so because she was off sick, the intention is very clear.

# The ward clerk who I spoke to has never denied taking my call.

So just like [1] above the truth of their own records can be denied to save Dr Noel's skin - the implications are obvious, he is of more value to society than a pensioner who he has crippled - what value a vulnerable child if it comes to Dr Noel's skin?

In fact Tallaght Hospital is so bad it was publicly branded by a coroner as a dangerous place, saying that it "sounds like a very dangerous place to be for anybody, let alone a sick patient”.

# I have provided [through pacs@olchc.ie] Ms Helen Shortt, Chief Executive of Crumlin Children's Hospital with the link to this article in order to ensure that it's a matter of record that Ms Shortt is fully aware the danger Dr Noel's poses to patients.